Hartleip v. McNeilab, Inc., s. 94-1786

• Decision Date: 13 May 1996
• Docket Number: 94-1825,Nos. 94-1786,s. 94-1786
• Parties: 132 Lab.Cas. P 58,128 Sharon HARTLEIP, Plaintiff-Appellant, Cross-Appellee, v. McNEILAB, INC., Defendant-Appellee, Cross-Appellant.
• Court: U.S. Court of Appeals — Sixth Circuit

Page 767

83 F.3d 767

132 Lab.Cas. P 58,128

Sharon HARTLEIP, Plaintiff-Appellant, Cross-Appellee, v. McNEILAB, INC., Defendant-Appellee, Cross-Appellant.

Nos. 94-1786, 94-1825.

United States Court of Appeals, Sixth Circuit.

Argued Feb. 2, 1996.

Decided May 13, 1996.

Keith Godfrey (argued and briefed), Detroit, MI, for plaintiff-appellant, cross-appellee.

Claudia D. Orr (argued and briefed), Honigman, Miller, Schwartz & Cohn, Detroit, MI, for defendant-appellee, cross-appellant.

Before: NORRIS and MOORE, Circuit Judges; MILES, District Judge. ^*

MILES, District Judge.

Sharon Hartleip appeals the district court's order granting summary judgment in favor of McNeilab, Inc. ("McNeil") ¹ in this diversity action asserting claims of sexual harassment in violation of Michigan's Elliott-Larsen Civil Rights Act ("ELCRA"), M.C.L. § 37.2101 et seq., intentional infliction of emotional distress, and breach of contract. McNeil cross-appeals the district court's denial of its request for sanctions under Fed.R.Civ.P. 11. For the reasons to follow, we affirm.

I

Sharon Hartleip began working for McNeil as a sales representative in March, 1990. She was assigned to the company's Detroit district, where her responsibilities included selling McNeil's pharmaceutical products to hospitals, doctors, and pharmacies within her assigned territory. In late March, 1992, Hartleip was recruited by and accepted a position with another pharmaceutical company, Glaxo, Inc. On April 4, 1992, Hartleip resigned from McNeil, giving two weeks' notice. After Hartleip had already informed her then-supervisor, district manager Robert Haas, that she was resigning, she told him that one of the reasons why she was leaving the company was because she had been sexually harassed by another McNeil employee, Calvan Barnes.

Hartleip first met Barnes during a three-week formal training session which she attended at the company's headquarters in Springhouse, Pennsylvania in July, 1990. Barnes was one of several sales trainers assisting in training during the Springhouse program. At the time, Barnes was employed by McNeil as a hospital representative in the company's Chicago district. He was not a managerial employee, nor were any of the other sales trainers who assisted in the training program. At the conclusion of the training program, participants such as Hartleip were evaluated by the sales trainers on the basis of their performance at the training sessions. These evaluations were provided to the trainees' district managers as an assessment of strengths and weaknesses, and as guidance for further development of the trainees. They did not affect compensation or promotional opportunities.

Hartleip alleges that during the second week of the Springhouse training, another new sales representative and participant in the program, Todd White, approached her and informed her that the representatives were supposed to visit the trainers in the evening to ask questions and practice presentations. White also allegedly informed Hartleip that Barnes was upset because she had not come to him for this purpose, and that her training evaluation would probably be "marked down" if she did not do so. After this conversation, Hartleip alleges, she went to Barnes' hotel room and asked training-related questions. He provided her with responses, and nothing inappropriate happened either during this visit or at any other time during the Springhouse training.

Hartleip alleges that after the Springhouse training, she began receiving telephone messages from Barnes. Although it is unclear how many messages Barnes left, Hartleip has testified that none of the messages was of an inappropriate or sexual nature; they consisted of such comments as "How are you doing? Please give me a call." Hartleip also testified that she did not return the calls. However, in December, 1990, while traveling to Chicago en route to Iowa to visit her parents for the Christmas holidays, Hartleip called Barnes, hoping to arrange a business lunch. At this time, although Barnes was still merely a hospital representative, Hartleip testified that she thought he would be a "good resource" for her career because he was "like the next level up from me."

Barnes declined to have lunch, but instead suggested that the two meet for dinner. Hartleip agreed. Barnes met Hartleip at her hotel, and they went to a restaurant for dinner. During the dinner, Hartleip alleges, Barnes wanted to discuss her personal life, including the subject of who she was dating. He also commented on Hartleip's appearance, stating "You have lovely long legs. You're a beautiful woman." This apparently made Hartleip uncomfortable, for she testified that she did not know how to respond. However, after dinner, she agreed to accompany Barnes to a blues bar. Hartleip alleges that she did so because Barnes was "above" her and she did not want to offend him. The following day, Hartleip also agreed to go Christmas shopping with Barnes. While shopping, Hartleip testified, Barnes talked about his personal life, including his relationship with another woman. Although Hartleip believed this conversation to be inappropriate, she later allowed Barnes to drive her to the train station. The Chicago visit was the only occasion on which Barnes and Hartleip saw each other apart from business meetings; the two never worked in the same city.

Beginning in January, 1991, Barnes telephoned Hartleip perhaps once or twice per month. During a conversation in January, 1991, Barnes told Hartleip that he "thought about [her] all the time." He apparently attempted to discuss her personal life, and Hartleip had the impression that he was trying to find out if she was romantically interested in him. The two saw each other briefly at a professional meeting in Palm Springs in late January or early February, 1991. After this meeting, Barnes sent Hartleip a postcard on which he wrote,

Welcome Home!!! Even though I didn't see much of you, your being in Palm Springs made a wonderful place a little nicer. All the best with Floxin!

You are fabulous !

Barnes also telephoned Hartleip again in February. During this conversation he suggested that they try to see each other outside of work. ² Hartleip refused.

The next telephone call which Hartleip could remember was in March, 1991. During that call, Barnes again told Hartleip he wanted to come visit her; he offered to fly to Detroit "discreetly" and suggested that this be kept secret from others in the company. ³ Hartleip told Barnes not to visit, and informed him that she was dating someone else. Hartleip testified that during this call Barnes also said derogatory things about her new district manager, Robert Haas. ⁴ Hartleip testified that Barnes stated, "I don't like Rob. If you ever have any problems with him, call me."

Hartleip could remember few specifics of any phone conversations between April and June, 1991, but recalled only that they talked "pretty regular" once or twice per month. ⁵ At one point (it is unclear when), while the two were attending the same business meeting in Florida, Barnes left Hartleip a message asking her to meet for a drink; she declined.

Hartleip testified that in either June or "late summer" 1991 Barnes called her after he had been promoted to the position of district manager for McNeil's St. Louis, Missouri district. By that time, Hartleip testified, the nature of Barnes' calls became "worse." He clearly wanted to see her, and began telling her that he was "good friends, if not best friends, with Gerald Bruce." In March, 1991, Bruce had become a regional manager for McNeil in charge of a region which included the Detroit district in which Hartleip worked. Hartleip testified that Barnes stated as follows:

I think you're a great rep. I hear great things about you. I think you deserve a promotion. If you fly down to St. Louis, you will get a promotion if you spend the weekend with me.... I will even pay for the ticket.

Hartleip construed the invitation as laden with sexual innuendo, even though Barnes never explicitly mentioned sex. According to Hartleip, Barnes became angry when she refused his invitation.

Barnes sent Hartleip a total of four cards between February and sometime in the fall of 1991. We have already detailed the contents of the first, a postcard. The remaining three cards read as follows in their entirety, in no particular order:

Card No. 2

Thanks for the Aspen message to call.

I'm writing this in advance of my call.

Sharon, I feel very awkward. Somehow, I have the sensation that I put you on the spot. That was not my intention. You are an incredible lady. Rarely has a woman been so feminine and so warm and unassuming. Regardless of the outcome of the call, please know that you will always have my respect and wishes of success.

You really are a beautiful, warm and impressive lady.

I hope I haven't jeopardized our friendship.

Card No. 3

I was thinking about you and it occurred to me that outside of Palm Springs, it's been 4+ months since your visit.

You really have me entranced. Every time I spend with you you amaze me. You are one of the most gracious and feminine women I know. Each time you thank me for saying something nice, I smile from ear to ear.

Remember, you are the wonderful one, I'm just commenting on a lovely lady.

Stay Happy.

Card No. 4

I have been debating whether or not to give you a call.

There seems to be so many reasons not to pick up the phone. Yet, the voice inside of me says there is one overriding reason to call. 'Because Sharon is wonderful and you want to see her.' I would greatly enjoy seeing you.

You are such a lovely lady.

This card caught my eye and I was grinning from ear to ear. Some days are much like this card.

Be Happy.

Hartleip apparently believed that her career began to be affected by Barnes in June, 1991. She assessed that after she refused his invitation to come to St. Louis, "things started to happen to me at McNeil through...